Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1904 of 2018 Petitioner :- M/S Shree Shyam Pulps And Board Mills Ltd.
Respondent :- M/S Bharat Enterprises Another Counsel for Petitioner :- Mritunjay Yadav Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide application filed by the petitioner under Order 9 Rule 13 CPC for setting aside the exparte judgement in Original Suit No.63 of 2015 expeditiously. A further direction has been sought restraining the defendant from executing the exparte decree.
Counsel for the petitioner submitted hat the decree holder is already appearing in the restoration matter and is contesting the proceedings.
Accordingly, the trial court is directed to decide the application under Order 9 Rule 13 CPC expeditiously, without granting unnecessary adjournments.
In respect of the second prayer, it is open to the petitioner to seek stay of the execution proceedings by filing appropriate application before the executing court or to apply for stay in the restoration matter itself.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 28.3.2018 SL